Does Best Western have any patents or pending patent applications material to the Property?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
| TRADEMARK | REGISTRATION/ APPLICATION NUMBER | REGISTRATION/ APPLICATION DATE | |---|---|---| | | Reg. 5073431 | Reg. 11/01/16 | | Best Western Rewards® | Reg. 3636227 | Reg. 06/09/09 | | | Reg. 5209381 | Reg. 05/23/17 | | Aiden® | Reg. 5753488 | Reg. 05/14/19 | | | Reg. 5753489 | Reg. 05/14/19 | | Executive Residency by Best Western | Reg. 5079751 | Reg. 11/08/16 | | | Reg. 7522011 | Reg. 10/01/2024 | | @Home by Best Western | App. 97761960 | App. Submitted 11/3/22 | There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, and no pending infringement, opposition, or cancellation proceedings or material litigation, involving the principal Best Western Identifying Marks. We do not actually know of either superior prior rights or infringing uses that could materially affect your use of the Best Western Identifying Marks in any state. There are no currently effective agreements that significantly limit our rights to use or license the use of the principal Best Western Identifying Marks in a manner material to the Membership. No affidavits or renewal filings are yet due in connection with these registrations or applications. If your hotel will operate under the "@Home by Best Western" name, then we do not have a federal registration for the principal trademark. Therefore, the "@Home by Best Western" trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use the "@Home by Best Western" trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
You must notify us immediately of any apparent infringement or challenge to your use of any Best Western Identifying Marks, or of any person's claim of any rights in any Best Western Identifying Marks, and you may not communicate with any person other than us, our attorneys, and your attorneys, regarding any infringement, challenge, or claim. We may take the action we deem appropriate (including no action) and control exclusively any litigation, USPTO proceeding, or other administrative proceeding arising from any infringement, challenge, or claim. You must assist us in protecting and maintaining our interests in any litigation or USPTO proceeding or other administrative proceeding. We will reimburse you for expenses incurred by you as the direct result of activities undertaken by you at our prior written request and specifically relating to the trademark dispute at issue. We will not reimburse you for any other expenses incurred by you for cooperating with us or our affiliates. You must timely notify us and comply with our directions in response to a trademark infringement proceeding that disputes your authorized use of the Best Western Identifying Marks and we may, at our option, defend and/or control the defense of any proceeding arising from your use of any Best Western Identifying Marks.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 86–87)
What This Means (2025 FDD)
Based on the 2025 Best Western Franchise Disclosure Document, the excerpt provided does not contain information regarding any patents or pending patent applications material to the Best Western property. The document does discuss trademarks, specifically the "Best Western Identifying Marks" and the "@Home by Best Western" trademark. It outlines the franchisee's responsibilities in case of any infringement or challenges to the use of these marks.
Item 13 of the FDD discusses trademarks and the importance of notifying Best Western of any infringement or challenges to the use of Best Western Identifying Marks. It also states that Best Western will control any litigation or administrative proceeding arising from any infringement, challenge, or claim. The franchisee is required to assist Best Western in protecting and maintaining their interests.
For prospective franchisees, it is important to note that if operating under the "@Home by Best Western" name, there is no federal registration for the principal trademark, which could lead to increased expenses if the right to use the trademark is challenged. Since the excerpt does not address patents, it would be prudent for a prospective franchisee to directly ask Best Western about any patents relevant to the operation of the franchise and their potential impact.